Warranty Statement
All products manufactured by seller are warranted to be free from defects and material and workmanship under normal operating conditions of recommended usage. Seller will make an adjustment for any product which proves to seller’s satisfaction to be defective either by replacement, repair of the defective part or by credited refund of the original acquisition cost to buyer. This limited warranty is contingent upon the conditions that seller promptly receives notice of the defect, that buyer establish product has been properly installed, maintained, and operated within the limit of related and normal usage as specified by seller, and that upon request buyer will return at seller’s expense the defective product or part thereof. The terms of this limited warranty do not in any way extend to any product or part which have a life, under normal usage or to auxiliary equipment or parts which were not manufactured by seller, in which event seller shall use reasonable efforts to pass to buyer the original equipment manufacturer’s warranty.The limited warranties to repair or replace defective products as set forth above and any additional warranty expressly stated to be a warranty and set forth in writing as part of this agreement or in lieu of all other warranties, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular use or purpose.
Buyers agree that seller’s liability and buyers sole and exclusive remedy pursuant to any claim of any kind, including but not limited to a claim in contract, negligence or strict liability against seller, shall be (a) the repair or replacement that sellers option of defective products or (b) a credited refund of the price of the defective product or part thereof if seller is unable to effectively repair, replace or correct such defect in a reasonable time after using best efforts. Claims of any kind include but are not limited to those for any loss or damage arising out of, connecting with, or resulting from this agreement or from the performance or breach of installation, inspection, repair, operation or use of any product or part covered by this agreement. If, however, any warranties expressly set forth in writing in addition to those set forth above, seller’s liability under such additional warranties shall terminate (1) year from the date of shipment by seller. Under no circumstances shall seller have any liability whatsoever for special, incidental or consequential damages, such as, but not limited to loss of profit or revenue, loss of use of the product, cost of capital, cost of replacement equipment; or claims resulting from contracts between buyer, its customers and/or suppliers. Unless expressly provided in writing in no event shall seller assume responsibility or liability for penalties, penalty clauses or liquidated damages of any description, certifications or indemnifications of buyer or others or costs, damages or expenses arising out of or related to the products.
